Zachary Nyayiemi Moturi v Kisii Bottlers Ltd [2005] KEHC 2020 (KLR)
- Court
- High Court of Kenya
- Case number
- 2020
- Citation
- [2005] KEHC 2020 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to strike out verifying affidavitCoramP.J. RANSLEY
Holding
The verifying affidavit is struck out due to non-compliance with the Advocates Act, but the plaintiff is ordered to file another verifying affidavit that complies with the Act.
Facts
The plaintiff seeks to strike out the verifying affidavit to the plaint due to non-compliance with the Advocates Act.
Issues
- Compliance with the Advocates Act
- Validity of the Notice of Motion
Reasoning
The court found the affidavit non-compliant with the Advocates Act, but the non-compliance is not incurably invalid, void or defective. The court emphasized the need to ensure unqualified persons do not compete with advocates.
Outcome
Affidavit struck out
Orders
- File another verifying affidavit that complies with the Advocates Act
Remedies
- Costs awarded to the plaintiff
Authorities cited
Legislation (1)
- Advocates Act
Cases cited (2)
- Barclays Bank of Kenya Ltd v Sollomon Otieno Orero
- Johann Distelberger v Joshua Kivinda Muindi & Another
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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